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Regulations for Ratifying the Employment of R.O.C. Seafarers by Foreign Employers CH

Announced Date: 2017-10-05
Content:
14.Amendment to the Attachment of Article 4、8、10 was promulgated by order of the Ministry of Transportation and Communications No. (1) Jiao-Hang-Zi-10698002501 dated October 5, 2017.
Article 4 All foreign employers shall entrust their employment of R.O.C. seafarers to either a R.O.C. shipping carrier or a R.O.C. shipping agency as an agent for employment. Foreign employers are required to fill in the application form (see Attachment 1) and provide the following documentation to the Maritime Administration when applying for the appropriate permission:
1. A photocopy of the company’s license and its Chinese translation.
2. Profile of the person-in-charge and the company’s business scope (see Attachment 2).
3. A photocopy of the Letter of Authorization certified by a R.O.C. embassy, consulate, representative office, diplomatic missions or any other organization authorized by the Ministry of Foreign Affairs (see Attachment 3).
4. A list of the vessels of the foreign employer (see Attachment 4).
5. A photocopy of the company’s license of agents.
The photocopy of the company’s license can be substituted by a photocopy certified by a R.O.C. embassy, consulate, representative office or any other organization authorized by the Ministry of Foreign Affairs.
Any change to the documents listed above shall be reported to the Maritime Administration for future reference.

Article 8 R.O.C. seafarers can only be employed by foreign employers upon being registered with and permitted by the Maritime Administration by providing one copy of each of the following validated documents:
1. Particulars of Vessel (see Attachment 5).
2. Certificate of Vessel Nationality.
3. Classification Certificate.
4. The special agreement related to the employment of R.O.C. seafarers signed with the National Chinese Seamen’s Union, or equivalent related documents certified by the Union, or the MLC Certificate.
The vessels registering to employ R.O.C. seafarers by foreign employers mentioned in the paragraph above shall be vessels of 1,600 gross tonnage or more, Those vessels under 1,600 gross tonnage shall apply specially to the Maritime Administration to employ R.O.C. seafarers.
Any foreign employer who hires R.O.C. seafarers shall obtain insurance for both its vessels and its seafarers.
All documents of the insurance mentioned in the paragraph above shall be sent to the Committee for approval; the same shall also be done in the case of any change being made to these insurance documents.

Article 10 A foreign employer or its representative requires permission in order to sign an employment contract when employing a R.O.C seafarer and shall submit the documents listed below to the Maritime Administration for future inspection and reference.
1. List of seafarer information.
2. Copy of seafarer employment contract.
3. Copy of membership of the Master Mariners Association or National Chinese Seamen’s Union.
Attchment: